Vagueness of fire department policy factor in Lindsey decision | POLL

EVANSVILLE - The vagueness of an Evansville Fire Department policy was a factor in the Fire Merit Commission's decision Wednesday to overrule Fire Chief Mike Connelly's recommendation to fire Capt. Al Lindsey, according to merit commission member Talmadge Vick.

The department's policy governing the amount of time a firefighter, such as Lindsey who is the Sixth Ward City Council member, may take to serve as an elected official was ambiguous and left too much room for error, Vick said Thursday.

He said the department's policy on excused absences did not extensively cover firefighters such as Lindsey. The Evansville City Council meets at least two times a month, and meetings can last hours depending upon the agenda.

"The policy needs to be clearer and concise, specific to what would be considered to duty off and duty on," Vick said. "There needs to be a point where there's no misunderstanding."

Lindsey's attorney, Scott Danks, also said during the hearing the policy was vague and hard to understand.

At Wednesday's hearing merit commission members determined Lindsey, a 26-year fire department veteran had consumed alcohol with other Council members after a meeting and before returning to work at a fire station. They decided, though that Connelly's recommendation to terminate Lindsey's employment was too stiff. Instead, the Merit Commission ruled he should be suspended for 30 days, serve a year of probation and be subject to random alcohol testing.

On Thursday, Lindsey said he has not yet heard from Connelly when his new suspension would start or if it would include the five days of unpaid leave he already served.

On Jan. 23, Lindsey, attended a social gathering with other council members at Main Street Bar & Grill, where he was served alcoholic beverages and got into an argument with Second Ward Councilwoman Missy Mosby.

On Feb. 8, Connelly gave Lindsey five days of unpaid suspension and recommendation for dismissal.

Lindsey said it was not clear if he was considered off duty while attending the meeting or what gatherings he could attend for public office. He said he regarded the January gathering as a chance to learn more about city government and forge bonds with fellow City Council members.

"Elected Officials Time Off," defined in the fire department policy is "Elected officials called or emergency meetings including elected officials in accordance with their sworn duties."

The policy goes on to explain a firefighter can trade time with an off-duty colleague, take compensatory time, personal days, use vacation or request unpaid leave, and procedure of how to document it. The policy makes no other mention of elected officials except in its defining terms section.

The policy states the Fire Department District Chief should note a firefighter's return to duty the same day.

A document provided through a public records request shows Lindsey left at 4:30 p.m. on Jan. 23 and returned to his post at Hose House No. 7 at 9 p.m. Lindsey said he actually returned sometime after 11 p.m."I'm not a rebel here, and my 26-year track record shows I'm not here to break the rules," Lindsey said. "I guess I know the rules now, but I didn't know the rules then."

A phone message for Connelly on Thursday was not returned.

Departmental policy change normally is recommended by a chief and approved by the city Board of Public Safety. The current policy went into effect in August 1998 and was revised in April 2010. Evansville firefighters David Mosby and Keith Jarboe both also served local public office.